Re-Justifying the Fair Cross Section Requirement: Equal Representation and Enfranchisement in the American Criminal Jury

47 Pages Posted: 14 Sep 2008

See all articles by Richard M. Re

Richard M. Re

University of Virginia School of Law

Date Written: May 1, 2007

Abstract

This Note proposes a new justification for the fair cross section (FCS) requirement governing criminal jury composition. While the Supreme Court has defended the requirement by invoking demographic conceptions of the jury's legitimacy, many scholars have observed that this approach is at odds with contemporary jury law and practice. This Note argues that courts should instead defend the FCS requirement as a means of ensuring that eligible participants are included in the jury franchise. Besides solving an intractable doctrinal puzzle, an enfranchisement-based approach draws attention to ways in which widespread juror selection practices exclude underrepresented groups and thereby undermine the jury's democratic character.

Keywords: fair cross section, jury

Suggested Citation

Re, Richard M., Re-Justifying the Fair Cross Section Requirement: Equal Representation and Enfranchisement in the American Criminal Jury (May 1, 2007). Yale Law Journal, Vol. 116, No. 7, 2007, Available at SSRN: https://ssrn.com/abstract=1267626

Richard M. Re (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
118
Abstract Views
1,295
rank
290,847
PlumX Metrics